Obligated to tenant?

Our Experts Answer:

Under the Residential Tenancies Act 1986 (the Act), a landlord is required to notify tenants (or prospective tenants) if the property is on the market at the time it is being offered as available for letting, or if it is placed on the market for sale at any time during the tenancy. Failure to meet this obligation may be a breach of the Act. Where an offer is made on a property, without the property actually being on the market, landlords should discuss the matter with the tenants highlighting the unforeseen circumstances. If either party is unsure as to whether or not the landlord has met their obligations under the Act, either party may make an application to the Tenancy Tribunal for a decision on the matter. To discuss your situation further, or for information about landlord or tenant obligations, you can visit the Ministry of Business, Innovation & Employment, Building Group’s website (www.dbh.govt.nz), or call 0800 TENANCY (0800 836 262).